LAWS(MPH)-2013-3-72

RAMYASH TIWARI Vs. STATE OF M P

Decided On March 06, 2013
Ramyash Tiwari Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This order shall also govern the disposal of Misc. Criminal Case No. 12539/2012 (Vanmali Prasad Dwivedi and two others Vs. Ram Milan Patel).

(2.) In that case, it was argued that the Metropolitan Magistrate allowed the application under Section 156(3), Cr.P.C. without examining the witnesses of the complaint under Section 200, Cr.P.C. by a cryptic order as has been passed by the Court of Judicial Magistrate First Class in this case even though, no case was made out.

(3.) This Court after examining the facts of the case and also having considered the judgments relied upon by the parties which included the judgment delivered by the Apex Court framed the following two questions:--